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1993 New Mexico Attorney General Reports and Opinions 1 (1993)

handle is hein.sag/sagnm0037 and id is 1 raw text is: TOM LDAl.I. Attorney General Attorney General of New Mexico PO Drawer 1508 Santa Fe. New Mexico 87504-1508 505 827-6000 Fax 505 827-5826 MANLEL TIJERINA MARIAN MATTHEWS Deput\ Attorne~s General January 5, 1993 OPINION OF TOM UDALL Attorney General Opinion No. 93-1 BY: Elizabeth A. Glenn Assistant Attorney General TO: Mary R. Granito State Records Administrator State Records Center and Archives 404 Montezuma Santa Fe, New Mexico 87503 OUESTIONS: 1. Are state agencies which are subject to the State Rules Act, NMSA 1978, SS 14-3-24-to -25, 14-4-1 to -9 (Repl..Pamp. 1988 & Cum. Supp. 1992), required to file all policy -directives and policy manuals as rules? 2. Does the word rule or the word standard in the definition of rule in the State Rules Act include procedural standards and requirements? 3. If part of the material contained in a policy or procedure manual is required to be filed, must the agency file the entire manual? 4. Where material is defined as a rule under the Act and the State Records Administrator --has not specifically allowed incorporation by reference, may a-state agency avoid filing the- material and subsequent publishing in.the New Mexico Register by incorporating by reference such material in a rule otherwise properly filed and published?